Which organizations and individuals have the right to submit dossiers for review of the imposition of countervailing measures in Vietnam as prescribed?

Main Content

• Which organizations and individuals have the right to submit dossiers for review of the imposition of countervailing measures in Vietnam?
• What contents does the investigating authority review the imposition of countervailing measures in Vietnam?
• How to carry out the review of countervailing measures at the request of a concerned party and final review?

Which organizations and individuals have the right to submit dossiers for review of the imposition of countervailing measures in Vietnam?

According to Article 59 of Decree No. 10/2018/ND-CP on the review requesting party as follows:

The review requesting party

The following organizations and individuals may submit dossiers for review of the imposition of anti-dumping and countervailing measures in accordance with Article 58 hereof:

1. Domestic producers as provided for in Clause 2 of Article 79 and Clause 2 of Article 87 of the Law on foreign trade management.

2. Foreign producers and exporters which may submit dossiers for review of the imposition of official anti-dumping measures and countervailing measures of such foreign producers and exporters;

3. Importers of goods subject to anti-dumping and countervailing measures;

4. Governments of foreign producers and exporters which may submit dossiers for review of the imposition of official anti-dumping measures and countervailing measures of such foreign producers and exporters;

Thus, according to regulations, the following organizations and individuals may submit dossiers for review of the imposition of anti-dumping and countervailing measures in accordance with Article 58 hereof:

- Domestic producers as provided for in Clause 2 of Article 79 and Clause 2 of Article 87 of the Law on foreign trade management.

- Foreign producers and exporters which may submit dossiers for review of the imposition of official anti-dumping measures and countervailing measures of such foreign producers and exporters;

- Importers of goods subject to anti-dumping and countervailing measures;

- Governments of foreign producers and exporters which may submit dossiers for review of the imposition of official anti-dumping measures and countervailing measures of such foreign producers and exporters.

Which organizations and individuals have the right to submit dossiers for review of the imposition of countervailing measures in Vietnam as prescribed? (Image from the Internet)

What contents does the investigating authority review the imposition of countervailing measures in Vietnam?

Pursuant to Article 60 of Decree No. 10/2018/ND-CP stipulating the contents of the review at the request of concerned parties as follows:

Contents of the review at the request of concerned parties

The investigating authority shall conduct the review of one or more of the following contents, based on the contents requested by the concerned parties:

1. The dumping margin, the level of subsidy of one, some or all of the foreign producers and exporters

2. Commitments to eliminate dumping and subsidies of one, some or all of the foreign producers and exporters who commit;

3. Damages of the domestic industry and the causal relationship between the dumping on goods/ good subsidies of relevant foreign producers and exporters and the damage to domestic industry

4. Scope of imposition of anti-dumping measure and countervailing measure.

Thus, based on the contents of the review at the request of concerned parties, the investigating authority shall conduct the review of one or more of the above-mentioned contents.

How to carry out the review of countervailing measures at the request of a concerned party and final review?

According to Clauses 1 and 2, Article 90 of the 2017 Law on Foreign Trade Management in Vietnam on the review of countervailing measures as follows:

Review of countervailing measures

1. The review of countervailing measures at the request of a concerned party shall be carried out as follows:

a) After 1 year from the day on which the decision on imposition of countervailing measures, the Minister of Industry and Trade may decide to review anti-dumping measures at the request of one or multiple interested parties of the case and evidence provide by them;

b) Procedures for the review shall not obstruct the imposition of countervailing measures;

c) The time limit for the review prescribed in this Clause is 6 months from the day on which the decision on review is issued, with a possible extension up to 3 months if necessary.

2. The final review shall be carried out as follows:

a) Within 1 year before the expiry date of anti-dumping measures, the Minister of Industry and Trade shall decide to carry out the final review of the imposition countervailing measures;

b) The review aims to determine the necessity and reasonableness and socio-economic impacts of the continued imposition of countervailing measures;

c) According to results of review provided by the investigating authority, the Minister of Industry and Trade shall decide whether to grant extension of countervailing measures;

d) The time limit for the final review is 9 months from the day on which the decision on review is issued, with a possible extension up to 3 months if necessary.

Thus, the review of countervailing measures at the request of a concerned party and final review shall be carried out as above.